DPDP Act, 2023: Key Requirements & How AppTrana Helps You Comply
On 11th August 2023, the Government of India enacted the Digital Personal Data Protection Act, 2023 (DPDP Act). It is a landmark legislation aimed at safeguarding the privacy of individuals while enabling lawful use of personal data in the digital era. The act applies to digital personal data processed within India and, in certain cases, outside India when offering goods or services to individuals in India.
This blog breaks down the core requirements, obligations for businesses, rights of individuals, and penalty provisions under the Act.
Scope of the DPDP Act
The Act applies to:
- Data collected in digital form or non-digital data later digitized within India.
- Processing outside India if it relates to offering goods or services to individuals in India.
Exemptions include:
- Personal or domestic use by individuals.
- Data made publicly available by the individual or under legal obligation.
Key Definitions
- Data Fiduciary: Decides the purpose and means of processing personal data.
- Data Processor: Processes data on behalf of a Data Fiduciary.
- Data Principal: The individual whose data is processed.
- Significant Data Fiduciary (SDF): Identified by the government based on volume, sensitivity, and potential impact.
Penalties for Non-Compliance
The Act imposes heavy monetary penalties for violations:
Violation | Max Penalty |
---|---|
No security safeguards (Sec 8(5)) | ₹250 crore |
Failure to notify breach (Sec 8(6)) | ₹200 crore |
Violation in handling children’s data (Sec 9) | ₹200 crore |
Breach by Significant Data Fiduciary (Sec 10) | ₹150 crore |
Violation of Data Principal duties (Sec 15) | ₹10,000 |
Other violations | ₹50 crore |
Core Requirements of the DPDP Act
1. Data Accuracy & Completeness
(Section 8(3))
DPDP Requirement:
- Personal data used for decision-making or disclosure must be complete, accurate, and consistent.
Operational Challenges:
- Preventing data corruption via injection attacks or unauthorized modifications.
- Identifying inaccurate data across integrated systems.
Security Measures to Meet This:
- Validate inputs before storage or processing.
- Prevent injection attacks or payload tampering.
How AppTrana Helps:
- Edge-Level Input Validation: AppTrana WAAP enforces strict format, type, and content rules before data enters your backend.
- Injection Prevention: Blocks SQLi, XMLi, and other malicious manipulations that could corrupt data accuracy.
- Trusted Source Enforcement: Accepts input only from verified and authenticated senders.
2. Security Safeguards to Prevent Breaches
(Section 8(5))
DPDP Requirement:
- Implement reasonable technical measures to protect personal data from breaches.
Operational Challenges:
- Zero-day vulnerabilities that can be exploited before patches are available.
- Automated bot-driven attacks targeting sensitive endpoints.
- Keeping APIs secure under high-volume traffic or DDoS attempts.
Security Measures to Meet This:
- Prevent unauthorized access by blocking malicious traffic before it reaches applications.
- Close security gaps rapidly by patching vulnerabilities immediately, especially zero-day flaws, to stop potential data leaks.
- Stop automated intrusion attempts such as credential stuffing, brute force, and scraping that can lead to personal data theft.
- Protect sensitive-data APIs with authentication, parameter validation, and rate limits to ensure only authorized access.
- Ensure service resilience during high-volume or targeted attacks to prevent breach risks from downtime.
- Continuously assess applications with dynamic testing to identify and remediate vulnerabilities before they can be exploited for data breaches.
How AppTrana Helps:
- Always-On WAF – WAF inspects all traffic and blocks OWASP Top 10 exploits before they impact data security.
- Inbuilt DAST – Detects vulnerabilities in real time, feeding results into SwyftComply for instant mitigation.
- Virtual Patching – Closes vulnerabilities at the edge instantly, without code changes.
- Advanced Bot Mitigation – Uses behavioral analysis to stop credential stuffing, brute force, and scraping attacks.
- API Discovery & Protection – Identifies sensitive APIs, enforces authentication, and applies rate limits to prevent abuse.
- Layer 3/4 & Layer 7 DDoS Mitigation – Keeps applications available during DDoS attacks, avoiding breach risks linked to downtime.
3. Breach Notification
(Section 8(6))
DPDP Requirement:
- Notify the Data Protection Board and affected individuals in the prescribed manner after a personal data breach.
Operational Challenges:
- Detecting breaches in real-time.
- Managing breach notifications while limiting reputational damage.
- Tracking data erasure across multiple systems and vendors.
Security Measures to Meet This:
- Integrate incident detection with breach reporting workflows.
- Maintain audit-ready logs proving timely erasure and restricted post-erasure access.
- Automate breach alerts to SOC and compliance teams.
How AppTrana Helps:
- Real-Time Threat Detection: Uses anomaly detection to spot unauthorized data exfiltration attempts.
- SIEM Integration: Sends alerts to your SOC for immediate action.
- Forensic Evidence: Stores detailed traffic logs for breach investigation and reporting.
Key Takeaway
The DPDP Act, 2023 is more than a legal requirement; it is an opportunity to embed privacy and security into your organization’s DNA. With penalties reaching ₹250 crore, the stakes are high.
By leveraging AppTrana WAAP, organizations can:
- Secure personal data end-to-end.
- Detect and block breach attempts in real time.
- Meet consent, security, and breach notification requirements.
- Stay audit-ready with continuous monitoring, reporting and a Zero Vulnerability Report that ensures no open risks.
In a digital-first India, compliance is protection and AppTrana ensures you are covered.
Stay tuned for more relevant and interesting security articles. Follow Indusface on Facebook, Twitter, and LinkedIn.